L.A. Mayor Villaraigosa responds to court’s port decision

The Port of L.A. generates 919,000 regional jobs and $39.1 billion in annual wages and tax revenues. A proprietary department of the City of Los Angeles, the Port is self-supporting and does not receive taxpayer dollars.

The Trucker Staff

3/24/2009

LOS ANGELES, Calif. — Making the best out of what could have been considered bad news for California’s clean truck program from the Ninth Circuit U.S. Court of Appeals last week, Los Angeles Mayor Antonio Villaraigosa defended efforts to clean up harmful emissions, adding that, “We are committed to fighting this case because our clean truck program is the most sustainable plan for ensuring a clean, safe and secure trucking system for the long-haul at the Port of Los Angeles.”

“While the District Court has been asked to undertake further proceedings with respect to the case, the City of Los Angeles is pleased that the centerpiece components of the clean truck program that are currently in effect — i.e., the dirty truck ban and clean truck fee — remain intact …,” the mayor said.

The U.S. Court of Appeals for the Ninth Circuit essentially agreed with the American Trucking Associations in its challenge of the California ports’ concession part of the clean truck program, saying that part of the provisions would “irrevocably” hurt motor carriers.

ATA in December of last year filed a brief to get an injunction against the enforcement of the Ports of Los Angeles and Long Beach’s concession plans, part of the clean truck program, saying the plans unlawfully re-regulated the port industry.

A federal judge denied the request and an appeals court upheld the ruling. However, the District and Appeals Courts merely declined to issue an immediate injunction and the case continued with the 9th Circuit Court hearing arguments in the case on March 4.

Friday (March 20) a three-judge panel ruled unanimously to remand the case to the U.S. District Court and indicated that the judge should grant the ATA an injunction against all or part of the ports’ concession plans, plans which included (on the part of the L.A. port) doing away with owner-operators.

“In short, motor carriers should not be required to adhere to the various unconstitutional provisions in the ports’ [concession] agreements, and are likely to suffer irrevocably if forced to do that or give up their businesses,” the court’s opinion said.

In his defense of the program the mayor noted that “Our clean truck program is reducing toxic port truck pollution at an accelerated pace, and … [the] ruling by the Ninth Circuit Court of Appeals does not challenge the truck ban schedule or truck fees that are helping us successfully battle this health crisis.”

He said the ports' plan is “a comprehensive environmental, safety and security initiative. On its October 1, 2008, launch date, the program immediately banned trucks built before 1989 from hauling cargo in and out of cargo terminals at the ports of Los Angeles and Long Beach.

“Through its Clean Truck Incentive program, the Port [of L.A.] is moving full speed ahead in helping trucking companies put into service model-year 2007 (or newer) USEPA-compliant ‘clean trucks.’ The Port is paying out $44 million in $20,000-per-truck incentives for trucks enrolled in the program and put into service by Jan. 15. This incentive was a catalyst in the deployment of approximately 3,500 clean trucks now serving the port complex — a clean truck fleet well exceeding the clean truck program’s first-year emissions reduction goals.

“This fleet of approximately 3,500 clean trucks now in service at the port complex provides a reduction of at least 25 tons of diesel particulate matter (DPM) per year, or the equivalent of a 92-percent reduction of DPM emissions in comparison to the averaged emissions of 3,500 trucks measured during the 2006 ‘base-line’ year of analysis.”

In defending ATA's position in January before a meeting of the L.A. Chamber of Commerce ATA President Bill Graves said the ATA wasn’t against cleaner emissions at all but against a provision in the plan mandating that owner-operators become company drivers which he said was essentially regulating interstate commerce and saying who could and couldn’t move freight.

Clayton W. Boyce, ATA vice president of public affairs and press secretary, said, “ATA supports the Clean Truck Program’s goals and its ban on older trucks. The ATA sued over the concession plans, which have nothing to do with clean air and which the Court of Appeals found unconstitutional.”

Villaraigosa estimated that by 2012, the ports will ban all trucks that don’t meet 2007 EPA emission standards and that “the combined clean truck initiatives at the nation’s two largest container ports will reduce port related truck emissions by more than 80 percent.”

Dorothy Cox of The Trucker staff may be e-mailed to comment on this article at dlcox@thetrucker.com.